Lawfare Archive: The National Security Law Podcast: Han Shot First

From October 18, 2017: If you were unsure about whether your hosts are geeks, this episode will help settle the question. But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the stuff they actually do know something about!

First, the travel ban. Buckle up, there’s a new nationwide TRO, out of Hawaii, enjoining enforcement of most of Travel Ban 3.0.

Second, a double-shot of the Nashiri military commissions case. The Supreme Court denied cert., seemingly paving the way for that case to roll forward. But not so fast–all the civilian defense attorneys, including their death-penalty expert, have just quit, citing ethical quandaries arising from alleged government surveillance of attorney-client communications.

Third, and speaking of surveillance, the Supreme Court did grant cert. in the Microsoft-Ireland spat, which raises the question whether a “(d) order” under the Stored Communications Act can compel a company in the U.S. to produce data that is within the company’s control but stored on a server overseas.

Fourth, and staying with the technology & statutes theme, there’s a fascinating “hack back” bill now pending in Congress, with the best acronym ever: the Active Cyber Defense Certainty Act, aka the ACDC Act. For those about to legislate, we salute you. And for those who want to know what this bill does, we…well, listen to the show for an introductory primer.

Fifth, and briefly, an update on the status of ACLU v. Mattis, which is the habeas petition the ACLU filed on behalf of the still-unnamed U.S. citizen held as an enemy combatant in Iraq.

If you stuck around this long, perhaps you do have an appetite for bad humor and unwitty pop culture observations. In that case, you’ll perhaps enjoy an argument about the right ranking of the Star Wars films, where the only disagreement turns out to be which was the very best and which the very worst. Or perhaps you fancy using Star Wars as a teaching foil in class? Stick around for some Law of Interstellar Armed Conflict discussions, not to mention the role of Greedo in illustrating the principles of anticipatory self-defense. Han shot first, and that’s all.

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